Adams v. South British & National Fire & Marine Insurance Companies of New Zealand
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The policy in question was issued by the defendant to one I. H. Locey, the assignor of the plaintiffs. Subsequent to the fire, differences arose between the insured and payees under the policy on the one hand, and the defendant on the other, touching the amount of the loss.
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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The policy in question was issued by the defendant to one I. H. Locey, the assignor of the plaintiffs. Subsequent to the fire, differences arose between the insured and payees under the policy on the one hand, and the defendant on the other, touching the amount of the loss. No arbitration or award to determine the amount was ever had, nor any demand made therefor by the insured or the plaintiffs. On the trial, the defendant asked the court to instruct the jury that the action could not…
1Opinion of the CourtRoss, J.
This is an action upon a policy of fire insurance wherein the defendants agreed that in case of the destruction of or damage to the property insured by fire they would pay to the plaintiffs the amount of such loss or damage, not exceeding the amount in the policy mentioned, “ provided always that this insurance shall at all times and under all circumstances be subject to the following conditions and stipulations, which conditions and stipulations constitute the basis of this contract, and are to be considered „as incorporated in and forming part of this policy.”
Among the conditions and…
2Cases cited1 opinion
- Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
3Cited by21 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- California Annual Conference of the Methodist Episcopal Church v. SeitzCalifornia Supreme Court · 1887
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